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The Difference Between a Registered and Unregistered Trademark in Australia South Perth
- Location: Perth, South Perth, Perth, Australia
In Australia, you can protect your brand through both registered and unregistered trademarks, but they offer different levels of protection. Here's the key difference.
Registered Trademarks: Full Legal Protection
A Trademark Registration Australia offers you exclusive rights to use that mark for your goods or services in Australia. With a registered trademark, you can take legal action against any infringer, and it’s easier to defend your rights in court. It also acts as a public notice that you own the mark, which can deter others from attempting to use it.
Unregistered Trademarks: Limited Protection
Unregistered trademarks are protected under Australian common law, but the protection is more limited. If you use a trademark in commerce without registering it, you can still claim some legal rights under the “passing off” action. However, it’s much harder to prove ownership, and enforcement may be more costly and time-consuming.
Enforcement and Legal Action
If someone infringes on a registered trademark, you can take immediate legal action through the courts or IP Australia. In contrast, if your trademark is unregistered, you will need to show that your brand has acquired recognition in the marketplace, which can be difficult to do without proper documentation and a public register.
Protection Scope
A registered trademark gives you national protection in Australia, while an unregistered trademark’s protection may be limited to the geographical area where the mark is used. This means if your business expands, you may encounter difficulties enforcing your unregistered mark in new areas.
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